Effect of labour standards

Section 93

Standards of public order

Subject to any exception allowed by this Act, the labour standards contained in this Act and the regulations are of public order.

Provision null

In an agreement or decree, any provision that contravenes a labour standard or that is inferior thereto is absolutely null.

1979, c. 45, s. 93; 1999, c. 40, s. 196.

Interpretation

The labour standards contained in the Act and its regulations are of public order. These labour standards are a compulsory minimum, from which the parties to an individual contract of employment or a collective agreement may not depart, even if they are acting in good faith. These labour standards prevail even over their express renunciation by the employee. Any agreement contrary to these standards is automatically null and void.

For example, the clause of a contract stipulating a prior notice that is less than the minimum standards established by the Act respecting labour standards would be null and void, by the sole effect of the Act.